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6 Am. L. Rev. 57 (1871)
Married Women

handle is hein.journals/amlr6 and id is 69 raw text is: MARRIED WOMEN. MARRIED WOMEN. COMMENTARIES ON THE LAW OF MARRIED WOIMN UNDER THE STATUTES OF THE SEVERAL STATES AND AT COMMON LAW AND IN EQUITY. By JOEL PRENTISS BISHOP. Vol. I. Philadelphia: Kay and Brother. 1871. AcCORDING to the preface, this is the first of two volumes in which the author has undertaken to elucidate the American Law of Married Women. He has so divided the subject as to bring within this one most of the elementary principles which governed it before the enactment of recent statutes. The other volume (now nearly completed) will be devoted principally to what has been done by legislation and judicial decision thereon. In 1632 there was published in London a very singular treatise, The Lawes Resolutions of Womens' Rights; or the Lawes Provision for Woemen. The author's name is not upon the title- page. This book is a remarkably clear statement of the law as it then was, in so far as it bore upon the rights of women, whether married or single. It probably now has little value except as a curiosity, but still is very entertaining. With this exception, there is no book other than Mr. Bishop's which treats fully of the status of the wife without, to a great extent, confusing it with that of the husbahd; and neither Mr. Bishop nor the anonymous writer is wholly free from this confusion. The status of the hus- band is a very different thing from the status of the wife. The rights and duties belonging to them, far from being reciprocal, are very dissimilar, flow through different channels, and are derived from different principles of law. This confusing of two different things, this thinking that they must be complements the one of the other, has given rise to some of the strangest reasoning, some of the most glaring non-sequiturs that can be found in the whole range of legal writing. To make Mr. Bishop's book perfect in itself, it should treat of all the rights and all the duties which together make up the status of a wife. The author says, There are a few topics which some lawyers would deem appropriate to this production omitted, for the reason that I have already discussed them in my works on the 'Criminal Law' and on the 'Law of Marriage and Divorce.'

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